I once had an employer call in and ask about the services offered. When I mentioned the I-9 Compliance, his response was “I know the majority of my work force isn’t legal, why do I need to prove it”. While the answer was unexpected, it wasn’t unusual. Many employers either knowingly hire illegal aliens, or go with the policy of “don’t ask, don’t tell”. However, with the government reforms that are going on, that is going to be a choice that an employer no longer has.

The Form I-9 is a form all employers are required to use to verify employment eligibility of all employees they hire – both US workers as well as aliens. It is required by the INS (Immigration and Naturalization Services) to verify the identity and eligibility to work for all employees. At the time the form is completed, the employee must also provide valid, original identification. There are different forms of identity that the employee can provide.

There are a lot of different ways to do I-9 compliance, either through the Department of Homeland Security or through a background screening agency that may give you a little more guidance in getting through the system. The point is that there is no longer a choice on whether you comply with the I-9 verification. If you don’t there are going to be some very hefty fines and penalties coming your way. Effective 03/27/2008, the Federal government raised the fines approximately 25% on violations. Those penalties can include fines from $375 to $3,200 for each unauthorized alien on a first time violation, to up to $16,000 penalty for each unauthorized alien with multiple violations. These penalties are assessed on a per-alien basis. Therefore, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.